W’ILL WILSON

A-- GICNEIIAL December 13, 1962

HonorableBurton S. Burks, Sr. County Attorney Hdod County Granbury,Texas OpinionNo. WW-1494
Re: Applicationand lmplementation of Article& 1677, 1678 and 1679, V.C.S., relating Dear Mr. Burks: to county free libraries.
You have requested the opinion of this office regarding the applicationand Implementation of Articles 1677, 1678 and 1679, Vernon's Civil Statutes,relating to county free libraries. The pertinentarticles are quoted: "Article 1677. "The coinmissioners court of any county may establish,

maintain,a'nd

operate within their respectivecounties, county free Iibrarles In the manner and with t$e functions prescribed in this title. The said court shall also have the power and authority to establish In co-operation with another county or counties a joint free county,library for the benefit of the co-operativecountlea." "Article 1678. "The commissioners court of any county may establish county free librariesfor that part of such county lying outside of the incorporatedcities and towns alreadymaintaining free public librariesand for suah additional parts of such counties as may elect to become a part of or to participatein such county free library system. On their own Initiative,.- ..

Hon. Burton S. Burks, Sr., page 2 (w-1494)

or whenpetitioned to do so by a majority of the voters of that part of the dounty to be affected, said‘courtshall proceed to establishand provide for the maintenance of such library according to the further provisionsof this title. The county llbrary shall be located at the county seat i-n the courthouse,

unless more suitable quartersare available." "Article 1679. "The Cotixnissloners Courts are hereby authorizedto set aside annually from the General Tax Fund, or the PermanentImprovement Fund of the county, as the said Court Maya determine, sums for the~maintaining of freer county librariesand for the erection of permanent improvements and the~securlng of land for free county libraries, but not to exceed twelve cents (12$) on the One Hundred Dollar ($100)valuation of all property in such county outside of all incorporatedcities and towns already supporting a free public library,and upon all propertywithin all Incorporatedcities and towns already supportinga free llbrary, and upon all propertywithin all lncorporatedaltles and towns already supporting a free public librarywhich have elected to become a part of such free library systemsprovided in Title ‘35of the Revised Civil Statutes,for the purpose of maintainingcounty free librariesand for purchasingproperty therefor." The above statutesare remedial in nature, being lntended to assist in the spread of public educationthroughout the State. Thus the rule of liberal constructionapplies with full force. 39 Tex.Jur. 273, Statutes,Sec. 145. Articles 1677, 1678 and~l679 are to be construedas a whole; Article 1677 sets forth the general authority of a commlssloners court to establishcounty free libraries;Article 1678 provides the specific limits of the authoritygranted, and delineatesthe mechanics for establishingthe said llbraries; Article 1679 sets out the means whereby the libraries shall be supportedfrom tax funds. There is no conflict between the aforementioned statutes,and no constitutional question can reasonablybe raised.c

.

Hon. Burton S. Burks, Sr., Page 3 (WW-1494)

By Article 1678, the commissioners court is authorized to establish county free libraries for that - sal;oaihe county lying outside of any incorporated area t a maintainspublic libraries. It has been ascertainedthat there is no free pub11 library anywhere In Hood County or the incorporated

areasctherein. It is, therefore,quite clear that the provisionsof Article 1678 would apply to Hood County in its entirety.A library established pursuant to that statutewould service the entire county.
It has been contended that Article 1677 grants to the commissioners

court completediscretionregarding the establishment of a county free library. A simple reading of the statutes as a whole reveals that contentionto be untenable. The commisloners court has discretionup until the time a majority of the voters in the affected area, i.e., the whole of Hood County, petition the court for the establishment of a county free llbrary. At the time the commissioners court receives such a petition,Article 1678 decrees that "said court shall proceed to establishand provide for the maintenanceof suchlibrary, according to the further provisionsof this title." The Legislature could hardly have made its intentionsany more certain.
A further questionhas bezn raised as to the meaning of Article 1678, when it refers to voters

. . .' Please be advised that it a majority of the is the'holdingof this office that the definitionfound in Section 2, ArticleVI of the Texas Constitution applies here. The petition that is in question is not a vote for the purpose of issuingbonds or otherwise lending credit, or expendingmoney or assuming any debt, and thereforemay not, by the terms of Section 3a, ArticleVI, Texas Constitution, be limited to property ownin taxpayers. King vs. Carlton IndependentSchool District, 15 f? Tex. 365, 295

. . 408 (1956)

. We will describe the effect of Article 1679, as It operates in conjunction with Articles 1677 and 1678: When a county free libraryhas been authorized,either by the voluntaryact of the commissioners court or by the involuntaryact of the commissioners

court in response to a petition signed by a majorlty of the voters, Article 1678 directs that said court "shall proceed to establishand provide for the maintenanceof.such library according to the further provisionsof this title." Thus, the establishment

of the library is provided for in Article 1678 and, once a sufficientpetitionhas been presented,the commlssloners court has no power to refuse to establishit. Article 1679 provides for the maintenanceof the library from tax funds, and places discretionin the commissioners court for the allocation of tax funds to the various library purposes In an amount. .

Hon. Burton S. Burks, Sr., Page 4 (WW-1494)

not to exceed 12# on the $100 valuation of all property in the county which comes within the categoriesset forth In the~statute. In the event, apparentlyanticipatedIn your request, that the commissioners court is compelled to establish the 'county free library,but refuses to provide substantial funds for its owerationand maintenance.there Is no readily apparentmea&whereby the said court-maybe. forced'to so provide funds.~ If a commissioners court is antagonisticto the wishes of the people, the electorate Its obvious remedy in the ballot.
SUMMARY Article 1678, Vernon's Civil Statutes,applies to the whole of Hood County, there being no free public library In any Incorporated area in the said county.
A petition for the establishment of a county free librarymay be signed by any qualified voter, and a sufficientpetitionmakes it incumbent upon the commissioners court to establish such a library as soon after its presentationas may be practicable. Article 1679, Vernon's Civil Statutes,authorizes the commissioners court to set aside tax funds to maintain a county free library, and the statutevests discretionin the said court as to the amount set aside.
Yours very truly,
WILL WILSON Attorney General of Texas has

MLQ:ms 

# ,
BY 

# v-dMalcolm L. Quick Assistant. -

Hon. Burton S. Burks, Sr., page 5 (WW-1994)

APPROVED:
OPINION COMMI'J?TEE W. V. Geppert, Chairman Albert Pruett Paul Phy
REVIEWED FOR THE ATTORNEY GENERAL By: Leonard Passmore